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TMI Blog1983 (7) TMI 333X X X X Extracts X X X X X X X X Extracts X X X X ..... y any member of the legal fraternity which might tend to lessen in any degree the confidence of the public in the fidelity, honesty and integrity of the profession. The State Bar Council gave the appellant the benefit of doubt on the first charge that he changed sides in a criminal case, holding that though such conduct on his part was unprofessional, it was not tantamount to professional misconduct. The Disciplinary Committee of the Bar Council of India rightly observes that it failed to appreciate the distinction drawn by the Slate Bar Council as his act in accepting the brief for the accused after having appeared for the complainant was clearly contrary to r. 33 of the Bar Council of India Rules, 1975. We concur with the Disciplinary Com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tices etc. There is a long catena of decisions laying down that offering of bribe or giving bribe or taking money from the client for the purpose of giving bribe amounts to grave professional misconduct. 3. It appears that the complainant Bhaniya and his wife Smt. Galki were assaulted as a result of which they received head injuries. Both of them were examined by Dr. Raman Varma and he referred them to a Radiologist. Dr. Mangal Sharma, Radiologist sent a report to the Station House Officer that he found nothing abnormal in the X-ray plate of the complainant Bhaniya but from the X-ray plate of Smt. Galki he suspected a fracture of the skull and suggested that he should refer the matter to a Specialist. The appellant approached the complai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y in his Favor relate to the publication of the advertisement as desired by Mahipal. The defence plea was that Dr. Lodha had taken the X-ray plate of one of his relations who was suffering from tuberculosis. The Disciplinary Committee of the Bar council of India has upheld the finding of the State Bar Council disbelieving the defence version. The explanation of Mahipal is that he had lost the letter. On the contrary, the version of the complainant is that he had taken the letter to Dr. Sharma who after reading it returned the same to him. The fact remains that the incriminating letter has been produced by the complainant. This completely falsifies the plea taken by the appellant in his defence that the letter was meant for publication of a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant was a mere junior at the bar and not much experienced when the incident is said to have taken place. The temptation for money at that stage is of course very great but at the same time it is to be realised by the appellant that he belongs to a noble profession, which has very high traditions and those traditions are not to be sullied by malpractices of this nature. Accordingly it declined to interfere with the punishment. We however feel that the punishment of suspension from practice for a period of three years to a junior member of the bar like the appellant is rather severe. The lapse on the part of the appellant was perhaps due to the fact that in the struggle for existence he had to resort to such malpractices. We stro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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